Legal Meaning International Agreement

Sources of international law include international practices (general state practice, which is accepted as law), treaties and general principles recognized by most national legal systems. International law can also be reflected in the international community, in the practices and practices adopted by States with a view to maintaining good relations and mutual recognition, such as. B the reception of the flag of a foreign ship or the enforcement of a foreign court decision. 39 The general rule in Article 7(1)(a) and (b) of the VCLT is that a person is to be regarded as a representative of a State if he has appropriate full powers or if it follows from the practice of the States concerned or from other circumstances that he intended to consider that person as a representative of the State and to renounce full jurisdiction. 115 The term `unequal treaties` is in fact a historical phenomenon which, in practice, ad was born in the colonial context, although it may, in principle, appear in a broader context (treaties, inequalities). Generally speaking, a common feature of these treaties is a derogation from the principle of sovereign equality between States (States, sovereign equality). It may also mean that the principle of reciprocity is not respected. The VCLT does not explicitly address this issue, but the principle of “unequal treaty” may be invoked as a ground for nullity, on the basis of Article 52 of the VCLT (Coercion of a State by Threat or Use of Force), art. 53 VCLT (conflict with a peremptory norm of international law, ius cogens) or as a ground for dismissal, on the basis of Article 62 of the VCLT (fundamental change of circumstances). 17 Each contract must be reviewed separately to determine whether or not it constitutes a binding agreement.

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